SANDOVAL

So got another ticket...coming out of second at a stop light. Moto cop in bushes made eye contact and I new I was done. I watched him pack up and come and get me. Took my paperwork and went back to the bike. I asked him after he wrote the ticket what he got me at he said 65 in a 45. He then asked me to sign. I said can I see the read out. He said sure... after you sign "I don't have to show you the readout...But I will" I signed... as I was getting out of the car he starts telling me I actually saw you at 65 but I clocked you at 63...I gave him a confused look. He then said the 2Mph does not make a difference. I was cordial we talked about the car and told him to have a fantastic day.

I will be fighting this one as I have nothing to loose. Traffic school has been used. I guess you pay to play...

BTW the steet I was speeding on is a 5 lane street and it was WIDE open no other cars other then the 5 I left in the dust. He asked me if I was in a hurry or having fun... this was after he wrote the ticket...

Question: Can the officer clock me at one speed and write me up at a higher speed? Is this a direction I need to take when fighting the ticket?

Thanks for your advice...

HBdirtbag

i believe he legally has to show you the read out, atleast that's what i've read. Where were you in OC?



ALso, i suggest getting a traffic lawyer, they are really good at getting you the ticket but not getting a point on your record.

SANDOVAL

73 and Bear he was hiding in the bushes near the entrance of the Evangilist church... I will need to get the points elimnated that is for sure. He was quite impressed with my baby though... He asked what was under the hood I "Said all stock" He heard me coming I told him it was the B&B exhaust he heard ha ha.... I did not want to brag about the forced induction.

HBdirtbag

Easy place to get trapped, i've seen them sitting there before. Definately look into a traffic lawyer, wish I had one to recommend.

Oak

I think techically the police has to be in plain site and on public property. No private driveways and no obstructions and must be in plain view.

SANDOVAL

He was definatley not in site... until I passed him and he was in a parking lot... business park, which is private.

Ruiner

Negative. This is an Urban Legend so to speak for the most part. Then again, it varies by state to state, so it *could* be true in some, but not in others. However, for most of the states in the south, the officer is not required to show you the readout.

In GA, the officer does not have to show you the readout. However, upon request, the officer DOES have to do a calibration test. Also, there are 'rules' as to how visible the officer is, how much 'grade' the roadway has, and how much speed you are allowed to go over before they can clock you (10mph+ for a ticket).

HBdirtbag

I thought the same, but I think they can be obstructed. Atleast when I tried to pull this excuse the officer told me I was wrong. We use to have a cop in Arcadia that hid on the sidewalk directly behind a giant oak tree. He was a sneeky little bastard. I've also seen cops in driveways. But you have to remember the city owns what the first 6 feet or so of your property technically?

HBdirtbag

I didn't know there was an actual law that they can only clock you at 10 over.

Ruiner

In GA, unless you are a GA State Patrol or in a school zone, then you have to be AT LEAST 10mph over the limit for them to clock you with radar.

40-14-8.

(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.

(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment.


40-14-5.

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.


40-14-7.

No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.




40-14-9.

Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent.

HBdirtbag

awesome, where did you find that info?

Oak

I would check the laws or get an attorney. I'm sure they have to be in plain view and on public property, this can be debated. I have heard of people getting off on this technicality most people don't know even some cops.

HBdirtbag

found an interesting link

http://www.ticketassassin.com/




http://www.ibiblio.org/rdu/ca-speed.html

Ruiner

GA has their code on the web:

http://www.legis.state.ga.us/cgi-bin....pl?code=1-1-1

GT_Johns

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